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TRAN>SPORTATIONIPUOLIC*O*K$.i POLICY PROPOSAl
N+re MSIRATION i FILE NUMBER SUBJECT Enforcement of Sexually PAGE�OF.Z
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57,3/90 CP-149 Oriented Business Ordinance
I
cm ANAOER• OSAL PROPOSED BY: ANAGER'S R IEW
City Council
POLK E Ao1rINlarRAn01w2
Proposal
It is proposed that the City of Fort Worth continue to enforce Section
18A, "Sexually Oriented Businesses, " of the Comprehensive Zoning
Ordinance.
Background
Attached is a copy of Section 18A, "Sexually Oriented Businesses ," of
the_ Comprehensive Zoning Ordinance. Section 18A was adopted by City
Council. on December 9, 1986, and establishes regulations to prevent
the continued concentration of sexually oriented businesses within the
city.
In 1987 , R. B. Williams, City Vending, Inc. , and B. R. Management
Corporation filed suit against the city in the 48th District Court of
Tarrant County attacking the constitutionality of the ordinance and
seeking declaratory and injunctive relief. The 48th District Court
upheld the constitutionality of the ordinance.
The plaintiffs appealed to the Court of Appeals for the 2nd Supreme
Judicial District of Texas in Fort Worth. On November 30 , 1989, the
Court of Appeals ruled that the ordinance was constitutional except
for the definition of "nudity" or "state of nudity" which the Court
held violated the rights of female topless dancers under the Equal
Rights Amendment of the Texas Constitution. The city has appealed
the adverse portion of this decision to the Texas Supreme Court and
'the appeal remains pending.
There is no final judgment in the R. B. Williams case and no
injunction or stay order which prohibits the city from continuing to
enforce the ordinance. To promote the health, safety, and general
welfare of the citizens of the city, and to prevent the continued
concentration *of sexually oriented businesses within the city, it is
proposed that the city continue to enforce the ordinance until a final
decision ,is rendered by the Texas Supreme Court in the R. B. Williams
case.
LOFFICIMUL RAS �,0LEGALITY :RK01
C."1 ;c� ARY
FISCAL NOTE K CinECITY MANAGER'S COMMENTS� D•'', EX. ,L�• � ��•
_
POLICY PROPOSAL (cont'd) t:AGE 2 oF2
Legality
The City Attorney has reviewed this proposal and advised the Council
that there is currently no court order or injunction in effect which
bars the city from enforcing the ordinance.
Fiscal Dotes
None
Citv ftmorts Comments
N e
ob Bolen, Mayor Eugene McCra
Counci m er, Distr' ct N 5
Louis pata, Gar y G` ley
Coun me a istr' t No. 2 Councilmember, istizict No. 6
lliam N. Garr Virginia Nell Webber
Councilmember, strict No. 3 Councilmember, District No. 8
K y ra a Da id Chappel
Council ember, District No. 4 Councilmember, /istrict No. 9
APPROVED BY
CITY COUNCIL
MAY 8 1990
�}} city same n>T of the
itiY,T W. City of Fox Wori''.*xar
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CITY OF FORT WORTH
APPENDIX A—ZONING REGULATIONS 118A
Feature Points accordance with the standards specified in n
subsection[18(D)l(5)and(6)of this ordinance.
Each additional five (5) feet in (Ord.No. 10096, $ 1,4-12-88)
width of bufferyard beyond the Sec. 18A. Sexuall oriented businesses.
minimum required 5 y
Three (3) small ornamental trees (A) PURPOSE AND INTENT.
for every fifty (50) lineal feet of
bufferyard 5 It is the purpose of this section to regulate sex
Three (3) small ornamental trees ually oriented businesses to promote the health,
for every twenty-five (25) lineal safety,morals,and general welfare of the citizens
feet of bufferyard 10 of the city, and to establish reasonable and uni-
One (1) tree for every twenty-five form regulations to prevent the continued con-
(25) lineal feet of bufferyard that centration of sexually oriented businesses within
is a minimum of twelve (12) feet the city. The provisions of this section have nei-
in height with a minimum trunk ther the purpose nor effect of imposing a limits-
calper of two-and-a-half(2%)inches tion or restriction on the content of any commu-
measured twelve(12)inches above nicative materials,including sexually oriented ma-
the root ball terials. Similarly, it is not the intent nor effect of
this section to restrict or deny access by adults to
(8) Permit requirements. In order to determine sexually oriented materials protected by the First
compliance with this ordinance, an appli- Amendment,or to deny access by the distributors
cation for a building permit for property and exhibitors of sexually oriented entertainment
that abuts an A One-Family,"A-R"Res- to their intended market.
idential, "B" Two-Family, "R-1" or "R-2"
Residential District shall include a land- (B) DEFINITIONS.
scaping plan with a pleating schedule and In this section:
a written statement indicating the options
that were selected in order to meet the min- (1) Adult arcade means any place to which the
imum"point"requirements. public is permitted or invited wherein coin-
(9) Exemptions. This ordinance shall not apply operated or slug-operated or electronically,
to remodeling work that does not increase electrically, or mechanically controlled still
the existing floor area nor to the restora- or motion picture machines, projectors, or
tion of a building that has been involuntar- other image-producing devices are main-
ily damaged or destroyed. tained to show images to five (5) or fewer
persons per machine at any one time, and
(10) Installation and maintenance The owner, where the images so displayed are distin-
tenant or ageni,if any,shall be jointly and guished or characterized by an emphasis
severally responsible for installing and main- on matter depicting or describing "speci-
taining all masonry walls and landscaping Pied sexual activities" or"specified anatomi-
in a healthy, neat, orderly and physically cal areas."
sound condition and replacing it when -
deemed necessary by the building official. (2) Adult bookstore or adult video store means
a commercial establishment'which as one
(11) Bonus provisions. The minimum building of its principal business purposes offers for
setback in rear yards can be reduced by sale or rental for any form of consideration
five (5) feet in "E-R" Restricted Commer. any one or more of the following:
cial, "E' Commercial, and "O-M" Office-
Midrise Districts and ten (10) feet in all (a) Books, magazines,periodicals or other
other commercial and industrial districts printed matter, or photographs, films,
provided that a minimum ten(10)foot land- motion pictures,video cassettes or video
scaped front yard is provided on the site in lides, or other visual
Supp.N6.8
3020.6.1
M1 SECRELi,
FT. WORTH_ i1(.
4 18A FORT WORTH C1TY CODE
representations which are distinguished (5) Adult motion picture theater means a com-
or characterized by an emphasis on mat- mercial establishment where,for any form
ters depicting or describing "specified of consideration,films,motion pictures,video
sexual activities" or"specified anatom. cassettes, slides, or similar photographic
ical areas";or reproductions are regularly shown which
(b) Instruments, devices, or paraphernalia are distinguished or characterized by an
which are designed for use in connec- emphasis on matters depicting or describ-
tion with"specified sexual activities." ing "specified sexual activities" Or "sped.
(3) Adult cabaret means a nightclub, bar,res- fied anatomical areas."
taurant, or similar commercial establish- (6). Adult theater means a theater,concert hall,
ment which regularly features: auditorium, or similar commercial establish-
(a) Persons who appear in a state of nudi- ment which regularly features persons who
ty;or appear in a state of nudity or live perfor-
(b) Live performances which are distin- mances which are distinguished or charac-
guished or characterized by an empha- terized by an emphasis on the exposure of
sis on the exposure of"specified ana- "specified anatomical areas" or by an em-
tomical areas" or by an emphasis on phasis on specified sexual activities.
"speed...;xual activities";or (7) Chief of police means the chief of police of
(c) Films, motion pictures, video cassettes, the City of Fort Worth or his designated
slides,or other photographic reproduc- agent.
tions which are distinguished or char- (g) Nude model studio means any place where
acterized by an emphasis on matters
depicting or describing "specified sex- a Person who appears in a state of nudity
` or displays ual activities" or "specified anatomi- specified anatomical areas is
cal areas." provided to be observed, sketched, drawn,
painted,sculptured,photographed,or simi-
(4) Adult motel means a hotel, motel or sim- larly depicted by other persons who pay
ilar commercial establishment which: money or any form of consideration.
(a) Offers accommodations to the public (9) Nudity or a state of nudity means less than
for any form of consideration;provides completely and opaquely covered:
patrons with closed-circuit television
transmissions, films, motion pictures,
video cassettes, slides, or other photo-
graphic reproductions which are distin-
guished or characterized by an empha-
sis on matters depicting or describing
"specified sexual activities" or "speci-
fied anatomical areas"; and has a sign
visible from the public right-of--way which
advertises the availability of this adult -
type of photographic reproductions;or
(b) Offers a sleeping room for rent for a
period of time that is less than ten(10)
hours; or
(c) Allows a tenant or occupant of a sleep-
ing room to subrent the room fora QFFICKI RUMperiod of time that is less than ten(10) ply
hours. ",r S�CRY
Supp.No.8 FT. 11 W
OR11
3020.6.2
APPENDIX A—ZONING REGULATIONS 18A
(a) Human genitals,pubic region or pubic (3) A person commits an offense if he causes or
hair, permits the operation, establishment, or mainte-
(b) Human buttock, nance of more than one(1)sexually oriented busi-
(c) Female breast or breasts below a point ness in the same building, structure, or portion
immediately above the top of the areo- thereof, or the increase of floor area of any sexu-
la,or ally oriented business in any building,structure,
(d) Any combination of the foregoing. or portion thereof containing another sexually ori-
(10) Person means an individual,proprietorship, ented business.
partnership,corporation,association,or other (4) For the purposes of subparagraph(1)above,
legal entity. measurement shall be made in a straight line,
(11) Sexually oriented business means an adult without regard to intervening structures or ob-
arcade,adult bookstore or adult video store, jam, from the nearest portion of the building or
adult cabaret, adult motel, adult motion structure used as a part of the premises where a
picture theater,adult theater,or nude model sexually oriented business is conducted, to the
studio. nearest property line of the premises of a church
or public or private elementary or secondary school,
(12) Specified anatomical areas means human or to the nearest boundary of an affected public
genitals in a state of sexual arousal. park or residential zoning district.
(13) Specified sexual activities means and includes (5) For purposes of subparagraph(2)above,the
any of the following: distance between any two (2) sexually oriented
(a) The fondling or other erotic touching businesses shall be measured in a straight line,
human genitals, pubic region, but- without regard to intervening structures or ob-
of h
of hu anus, or female breasts; Jam, from the closest exterior wall of the struc-
ture in which each business is located.
(b) Sex acts, normal or perverted, actual
or simulated, including intercourse, oral (6) Any sexually oriented business lawfully op-
copulation,or sodomy; erating prior to the effective date of this ordi-
(c) Masturbation,actual or simulated; or nance,that is in violation of subparagraph(1),(2),
(d) Excretory functions as part of or in or(3)of this paragraph shall be deemed a noncon-
connection with any of the activities forming use. The nonconforming use will be per-
set forth in(a)through(c)above. mitted to continue until December 14, 1987, un-
less sooner terminated for any reason or volun-
(C) LOCATION OF SEXUALLY ORIENTED tartly discontinued for a period of thirty(30)days
BUSINESSES. or more. Such nonconforming use shall not be
(1) A person commits an offense if he operates increased, enlarged, extended or altered except
or causes to be operated a sexually oriented busi- that the use may be changed to a conforming use.
ness within one thousand(1,000)feet of: ' If two (2) or more sexually oriented businesses
are within one thousand (1,000) feet of one an-
(a) A church; other and otherwise in a permissible location,the
(b) A public or private elementary or second- sexually oriented business which was first estab-
ary school; lished and continually operating Tat a particular
location is the conforming use and the later-
(c) Residentially zoned property;or established business(es)is nonconforming.
(d) A public park. (7) A sexually oriented business lawfully oper-
(2) A person commits an offense if he operates ating as a conforming use after the effective date
or causes to be operated a sexually oriented busi- of this ordinance is not rendered a nonconforming
ness within one thousand ( o use by the location, subsequent to the operation
sexually oriented business. lit7�u of the sexually oriented business, of a church,
Supp.N0.6 CITY SECRETARY
�. wo�TN, TJX. 020.7
§I&A FORT WORTH CrrY CODE
public or private elementary or secondary school, (2) Except as provided by subparagraph(3)below,
public park or residential zoning district within any person violating any provision of this ordi-
one thousand(1,000)feet of the sexually oriented nance[this section}other than paragraph(C)shall
business. be punished by a fine not to exceed two hundred
dollars($200.00)for each offense. Each day that a
(8) Notwithstanding anything contained herein violation is permitted to exist shall constitute a
to the contrary, the Board of Adjustment may separate offense.
extend the amortization period hereinabove pro-
vided to a reasonable period of time for any non- (3) If the sexually oriented business involved is
conforming sexually oriented business upon a show- a nude model studio,then a violation of this ordi-
ing by a particular business that without an ex- nance[this section)shall be punishable as a Class
tension it will be unable to recoup its investment B misdemeanor.
in the nonconforming structure. Any nonconform- (4) It is a defense to prosecution under para-
ing sexually oriented business which desires an graph (C) that a person appearing in a state of
extension must register with the Board of Ad- nudity did so in a modeling class operated:
justment as a nonconforming use no later than
October 15, 1987,and must file an application for (a) By a proprietary school licensed by the State
an extension of the amortization period no later of Texas; a college, junior college, or uni-
than November 5, 1987. versity supported entirely or partly by
taxation;
(D) ADDITIONAL REGULATIONS FOR ADULT (b) By a private college or university which
MOTELS. maintains and operates educational programs
(1) Evidence that a sleeping room in a hotel, in which credits are transferable to a col-
motel, or similar commercial establishment has lege,junior college, or university supported
been rented and vacated two(2)or more times in entirely or partly by taxation; or
a period of time that is less than ten (10) hours (c) In a structure:
creates a rebuttable presumption that the estab-
lishment is an adult motel as that term is defined (i) Which has no sign visible from the ex-
in this section. terior of the structure and no other
(2) A person commits an offense if, as the per- advertising that indicates a nude per.son is available for viewin and
son in control of a sleeping room in a hotel,motel, (ii) Where in order to participate in a class
or similar commercial establishment, he rents or a student must enroll at least three(3)
subrents a sleeping room to a person and, within days in advance of the class;and
ten (10) hours from the time the room is rented, (iii) Where no more than one(1)nude model
he rents or subrents the same sleeping room again. is on the premises at any one(1)time.
(3) For purposes of subparagraph (2)of this para- (Ord. No. 9780, § 2, 12-9-86; Ord. No. 9957, § 1,
graph, the terms "rent" or "subrent" mean the 9-15-57)
act of permitting a room to be occupied for any
form of consideration. Sec. 19. Off-street parking and loading regu.
(E) ENFORCEMENT. lations.
(1) Except as provided in subparagraph(3)below, (A) GENERAL REQUIREMENTS.
any person violating paragraph (C), upon conic- (1) Nothing in this section shall require addi-
tion,shall be punished by a fine not to exceed one tional parking spaces to be furnished for an exist.
thousand dollars($1,000.00)for each offense. Each ing building which is repaired,altered,maintained
day that a violation is permitted to exist shall or modernized where no structural alterations are
constitute a separate offense. made and the size of the building is not increased.
OFFICIAL RECOM
Supp.No.6 ,
CITY SECRETARY
3020.8
V211
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